20231003Intervention_Order_No_35939.pdf

ORDER NO. 35939 1

Office of the Secretary
Service Date
October 3, 2023

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On September 6, 2023, PacifiCorp Idaho Industrial Customers (“PIIC”) filed a late petition
to intervene (“Petition”) in this case. No party opposed PIIC’s petition. Having reviewed the
Petition and the record, we grant PIIC’s Petition.
COMMISSION FINDINGS AND DECISIONS
Commission Order No. 35868 set an August 22, 2023, deadline for petitions to intervene
in this case. PIIC filed its Petition on September 6, 2023. Thus, PIIC’s Petition is untimely.
Untimely petitions to intervene are governed by Commission Rules of Procedure 71 through 75,
which provide that late petitioners must state a substantial reason for delay and good cause for
untimely filing. IDAPA 31.01.01.071-.075. The Commission may deny or conditionally grant an
untimely petition that fails to state good cause for untimely filing to prevent disruption, prejudice
to existing parties, undue broadening of the issues, or for other reasons. IDAPA 31.01.01.073.
PIIC asserts that permitting its intervention is necessary so that it can participate in the
determination of issues affecting electric service rates for its members. Specifically, PIIC
expresses concern over Idaho customers being subject to future rate increases resulting from
PacifiCorp’s1 simple or gross negligence. PIIC asserts that an accounting order preserving the
Company’s ability to recover such costs is “inappropriate” and such costs “prima facia, are not
fairly, justly, and reasonably incurred.” Petition at 2.
In its Petition, PIIC acknowledges that its Petition was untimely. However, PIIC submits
that notice of the intervention deadline may have been sent to an old email address that its counsel,
Ron Williams, apparently neither closely monitors nor has ensured was updated in the

1 Rocky Mountain Power, the applicant seeking a deferred accounting order in this case, is a division of PacifiCorp.
IN THE MATTER OF ROCKY MOUNTAIN
POWER’S APPLICATION FOR A
DEFERRED ACCOUNTING ORDER
REGARDING WILDFIRE CLAIMS
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CASE NO. PAC-E-23-16

ORDER NO. 35939
ORDER NO. 35939 2

Commission’s database. PIIC also represented that its untimely petition will not cause disruption,
prejudice, or undue broadening of the issues.
Based upon our review of the Petition and the record, we find that PIIC has a direct and
substantial interest in this proceeding and will not unduly broaden the issues. No party has objected
to the Petition, and it does not appear that granting the Petition will prejudice any existing party.
Accordingly, we find it reasonable to grant PIIC’s Petition. Pursuant to Rule 73 PIIC is bound by
all prior orders and notices issued in the case.
O R D E R
IT IS THEREFORE ORDERED that PacifiCorp Idaho Industrial Customer’s petition to
intervene is granted.
IT IS FURTHER ORDERED that all parties in this proceeding serve all papers hereafter
filed in this matter on all parties of record. For purposes of service, the Intervenor’s contact
information is:
PIIC:

Ron Williams
Hawley Troxell Ennis & Hawley LLP
877 West Main Street, Suite 200
Boise ID, 83701
[e-mail]

Electronic Copies Only To:

Val Steiner
Itafos Conda, LLC
[e-mail]

Bradley Mullins
MW Analytics, Energy & Utilities
[e-mail]

Kyle Williams
BYU Idaho
[e-mail]

Brandon Helgeson
Hawley Troxell
[e-mail]
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.
ORDER NO. 35939 3

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 3rd day of
October 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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